Wednesday, February 27, 2008

Fannick's Motion to Keep Cuadra at Lackawanna County Prison

CERTIFICATION OF DEFENSE POSITION REGARDING LOCATION OF PRETRIAL CONFINEMENT TO THE HONORABLE JUDGES OF SAID COURT:

NOW comes the defendant, Harlow Raymond Cuadra, by and through his attorney, Demetrius W. Fannick, Esquire, and represents as follows:

1. The defendant was arrested on or about May 15, 2007 and charged with Homicide and other offenses.

2. The defendant has been held without bail due to the nature of the charges filed against him.

3. The defendant has been and is presently housed at the Lackawanna County Prison, Scranton, Pennsylvania.

4. At some proceeding prior to the Entry of Appearance by undersigned counsel the defense, through its lawyers at the time, the Luzerne County Public Defender's Office, apparently made an Oral Motion to the Trial Court requesting the transfer of the defendant, Harlow Raymond Cuadra, from the Lackawanna County Prison to the Luzerne County Correctional Facility pending trial in this case.

5. By Court Order dated January 3, 2008, the Commonwealth’s Motion to Disqualify the Public Defender’s Office from representation of defendant, Harlow Raymond Cuadra, was granted and Stephen Menn, Esquire, Paul Galante, Esquire, and Michael Senape, Esquire were appointed to represent Mr. Cuadra in their capacity as conflict counsel for Luzerne County. That Order fbrther directed new counsel to file a written Motion addressing the prior transfer request on or before January 25, 2008 and to be prepared to present testimony in support of the same at a hearing scheduled for January 30, 2008.

6. No Motion was filed of record and the January 30, 2008 hearing date was continued by the Court and rescheduled to February 20, 2008.

7. On January 28, 2008, Demetrius W. Fannick, Esquire entered his appearance to represent the defendant, Harlow Raymond Cuadra, in this matter.

8. Demetrius W. Fannick, Esquire has met with Mr. Cuadra on numerous occasions and has discussed in detail with the defendant the issues involving the location of his pretrial detention.

9. Although continued placement at the Lackawanna County Prison requires approximately one hour of travel time (to and from) per visit, it is the desire of the defendant, Hartow Raymond Cuadra, and his present counsel, Demetrius W. Fannick, Esquire, that the defendant remain housed at the Lackawanna County facility because:

(a) Mr. Cuadra has been a model inmate and has received no infractions, misconducts, etc. and has been treated fairly within said institution;

(b) Mr. Cuadra has received/been awarded a job/position within the institution which he would obviously lose if transferred;

(c) Prison officials and corrections officers have been very accommodating to defense counsel;

i. scheduling and allowing visits at a location within the prison to allow access for defense counsel and the defendant to exchange/review documents and otherwise more easily communicate;

ii. allowing extended visits for hours at a time without interruption or restrictions.

(d) Mr. Cuadra is housed/located in the general population at the Lackawanna County Prison. At all times that he was held briefly at the Luzerne County Correctional Facility for court appearances, he had been placed in an isolated location away from other inmates.

10. In the event that an oral Motion or request to transfer the defendant to the Luzerne County Correctional Facility remains under consideration or advisement by this Court, the defendant and his counsel respectfiully withdraw that request.

11. The defendant, Harlow Raymond Cuadra, requests that he be allowed to remain at the Lackawanna County Prison at this time pending trial in this matter.

WHEREFORE, defendant requests that any pending Motion/request for transfer to the Luzerne County Correctional Facility be withdrawn and that he be allowed to remain at the Lackawanna County Prison pending trial.